In this case, the Federal Administrative Law Judge (“ALJ”) found that the fact that the plaintiff’s treating doctor prescribed exercise as part of her treatment regimen indicated that she was not disabled. On appeal, the Federal District Court found that recommending to a morbidly obese individual that she try to lose weight through exercise, “is in no way inconsistent with the conclusion that at the time such advice was given, the individual was capable of working.” Branch v. Commission of Social Security, #1:07CV0026 (N.D.Oho, 11/9/07).
Furthermore, the court on appeal noted that the AJJ “fly-specked” one item from the doctor’s notes. “[T]his one line…excerpted from the totality of the doctor’s patient’s notes does not create an inconsistency with the conclusion that the plaintiff is disabled.” The court noted other improper findings by the ALJ, including that the treating doctor’s opinion should have been given great weight. At ABRAMS LANDAU, Ltd. we seek not only the treating doctors’ opinions, but also the family doctors, therapists and surgeons. By having several health care providers supporting disability, our clients can withstand attacks by judges like this ALJ, and we can win their Social Security Disability cases. If you know someone who is considering or in the process of applying for Social Security Disability, call us so that we can help. Just like a cross country race, you don’t want to start down the wrong path. Call our experienced Social Security Disability trial team today at 703-796-9555.